The Challenge of Catalan Secessionism to the European Model of the Rule of Law

Abstract

Far from being an abstract concept, international, European, and Spanish legal orders clearly conceptualize “rule of law”. Catalan secessionism, appealing to the democratic principle, challenged the common understanding of rule of law in the period between 2012 and 2017. This article offers a detailed explanation on how secessionism fundamentally disregarded the common understandings of the rule of law principle and, more precisely, two of its essential elements: the principles of legality and respect for courts. In relation to the former, Catalan separatism assumed competences attributed to the central state, ignored procedural guarantees in passing legislation on the referendum, and adopted ad hoc legal supremacy. In relation to the second, Catalan authorities repeatedly ignored and disobeyed the Spanish Constitutional Court’s rulings. However, disrespect for Constitutional justice turned into an appeal to it when Catalan secessionist leaders sought to defend their individual rights in face of criminal prosecution.